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STATE v. CRUZ

No. 2 CA-CR 2021-0035.

504 P.3d 283 (2022)

The STATE of Arizona, Appellant, v. Elifonso Anthony CRUZ, Appellee.

Court of Appeals of Arizona, Division 2.

Filed January 26, 2022.

Attorney(s) appearing for the Case

Laura Conover , Pima County Attorney, By Myles A. Braccio , Section Chief of Criminal Appeals, Tucson, Counsel for Appellant.

Snell & Wilmer LLP, Tucson, By Rory J. Bennett and Civil Rights Restoration Clinic, Rogers College of Law, University of Arizona, Tucson, By Andrew Silverman Counsel for Appellee.

Presiding Judge Eckerstrom authored the opinion of the Court, in which Chief Judge Vásquez and Judge Espinosa concurred.

OPINION

¶1 The State of Arizona appeals from the trial court's order setting aside Elifonso Anthony Cruz's conviction for aggravated assault. Because Cruz's plea agreement included an express admission of sexual motivation, rendering his conviction ineligible...

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